Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6700 of 2020 Arising Out of PS. Case No.-358 Year-2019 Thana- TARAIYA District- Saran ====================================================== Sonu Kumar Singh Son of Ramdev Singh Resident of Village - Ardeva, P.S.- Taraiya, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in jail since 23.11.2019 in a case registered for the offences punishable under Sections 341, 323, 307, 427, 34 of the Indian Penal Code.

The prosecution case as per the written report of Shivjee Singh submitted to the SHO, Taraiya Police Station is to the effect that on 22.11.2019 at 1:00 p.m. four accused persons including the petitioner started

2/4 cutting tree and flower plants and on protest being made, Ramdeo Singh ordered all his three sons to kill the informant, whereupon Brajesh Kumar Singh assaulted with the spade on the head of the informant but caused injury on the left hand, upon which the informant fell down. In the meantime, wife of the informant Meena Devi came to the rescue who was assaulted by the petitioner by the sword on the head causing cut injury, as a result she fell unconscious and fell down. It is further alleged that Rajesh Singh assaulted with Fasuli on the face of Meena Devi. It is submitted by learned counsel for the petitioner that in the background of land dispute the acquisition has been leveled. The acquisition is not of repeating the blow. The petitioner has only given one blow.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent and investigation has already been concluded.

3/4 Learnt counsel for the informant and State submit that Meena Devi has received grievous injury she has been assaulted by accused persons including the petitioner.

Considering the fact that there is no accusation against the petitioner to have repeated the blow, the petitioner having clean antecedent and the investigation being concluded, let the petitioner, above named, be released on bail, for the present, provisionally for a period of three months on furnishing one surety to the satisfaction of learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Taraiya P.S. Case No. 358 of 2019.

However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned

4/4 Court concerned through e-Mode.

The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Taraiya P.S. Case No. 358 of 2019 including one surety given at the time of provisional bail.

The learned Court below will be at liberty to further extend the period of provisional bail if the Court proceeding in physical mode will not resume in next three months.

(Dinesh Kumar Singh, J) Shageer/- U T